TITLE 17: CONSERVATION
CHAPTER VI: ILLINOIS HISTORIC PRESERVATION AGENCY
PART 4190 THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS
SECTION 4190.205 PENALTY AMOUNTS
Section 4190.205 Penalty Amounts
a) Maximum Amounts. The maximum penalty for any misdemeanor violation of Section 3 of the Act is $5,000 per disturbance. The maximum penalty for any felony violation of Section 3 is $10,000 per disturbance.
b) Determination of Penalty Amount, Mitigation, and Remission. The Agency may assess a penalty amount less than the maximum amount of penalty and may offer to mitigate or remit the penalty.
1) Determination of the penalty amount and/or a proposal to mitigate or remit the penalty may be based upon any of the following factors:
A) Agreement by the person being assessed a civil penalty to return to the State all archaeological or paleontological resources removed;
B) Agreement by the person being assessed a civil penalty to assist the Director in activity to preserve, restore, or otherwise contribute to the protection and study of archaeological or paleontological resources in Illinois;
C) Agreement by the person being assessed a civil penalty to provide information which will assist in the detection, prevention, or prosecution of violations of the Act;
D) Demonstration of hardship or inability to pay, provided that this factor shall only be considered when the person being assessed a civil penalty has not been found to have previously violated the Act or regulations promulgated thereunder;
E) Determination that the person being assessed a civil penalty did not willfully commit the violation;
F) Determination that the proposed penalty would constitute excessive punishment under the circumstances;
G) Determination of other mitigating circumstances appropriate to consideration in reaching a fair and expeditious assessment.
2) When the penalty is for a violation which may have had an effect on a known religious site on public lands, the Director should consult with and consider the interest of the specific affected group prior to proposing to mitigate or remit the penalty.